Garden City City Zoning Code
CHAPTER 8
1 GENERAL REGULATIONS
§ 8-1A-1 TITLE.
Upon adoption by the council, this title shall constitute the official zoning and subdivision ordinances of the city. This title shall be known and cited as the DEVELOPMENT CODE OF THE CITY. The development code of the city is adopted by authority of the council. Within this title, the development code of the city shall be referred to as "this title".
(Ord. 898-08, 9-8-2008)
§ 8-1A-2 PURPOSE.
It is the intent of this title to carry out the purposes of the "local land use planning act", Idaho Code section 67-6501 et seq., and to protect and promote the health, safety and general welfare of the community by implementing the goals and objectives of the comprehensive plan for the city of Garden City:
A.
Goal 1: Nurture the city:
1.
Promote city events, seasonal holidays and celebrations.
2.
Solicit citizen involvement in finding solutions to issues.
3.
Consider the needs of all citizens, businesses and the environment.
4.
Create a premier destination place to live, work and recreate.
5.
Celebrate the historic, the cultural and the artistic.
E.
Goal 5: Focus on the river:
1.
Consider a safe rafting route on the Boise River.
2.
Landscape along the river.
3.
Restore and naturalize drains, river channels and creeks.
4.
Develop a river walk.
5.
Create more accessibility to the Boise River and greenbelt.
6.
Respect wildlife along the river.
7.
Maintain and protect the greenbelt.
J.
Goal 10: Plan for the future:
1.
The Expo Idaho site is redeveloped.
2.
The Old Town site is a live-work district.
3.
"Special opportunity areas" are identified for future planning.
4.
Create mixed use, high density/intensity nodes along State Street and Chinden Boulevard.
5.
Create a "Main Street" commercial district along portions of Adams Street and other neighborhood locations.
6.
Continue to support commercial and industrial land uses.
7.
Participate in regional planning.
(Ord. 898-08, 9-8-2008)
§ 8-1A-3 COMPLIANCE WITH COMPREHENSIVE PLAN.
Pursuant to the requirements of Idaho Code section 67-6501 et seq., zoning within the city shall be in accordance with the comprehensive plan adopted by the council on July 24, 2006, and as amended over time.
(Ord. 898-08, 9-8-2008)
§ 8-1A-4 APPLICABILITY.
The regulations of this title shall apply and govern development and use of all properties: a) within the corporate limits of the city; and b) within the area of city impact, based on mutual agreement between the city and Ada County.
A.
No person or public agency shall construct, alter, or move a structure; or change the use of a structure; or undertake any development unless:
1.
The proposed use, structure, division of property, or modification to a division of property complies with this title, is not illegal, and provides safety as defined herein; and
B.
Nothing in this title shall eliminate the need for obtaining any other required permits, including, but not limited to: building permits, plumbing, electrical, or mechanical permits; erosion control, sediment control; occupancy permit; or any permit, approval, or entitlement required by other titles of this code, other political subdivisions of the state of Idaho, or agencies of the state of Idaho.
C.
All properties shall comply with the provisions of this title unless otherwise preempted by federal statute or local law statutory ordinance.
D.
The prosecution of violations that occurred under previous land use regulations and that remain a violation under this title shall continue until resolved.
E.
Any proposed structure for which a building permit has been issued on or before the date of the initial enactment or subsequent amendment of this title may be completed, subject to these conditions: 1) the time limitations otherwise applicable to the permit, and 2) the structure follows the plans and application on which the building permit was granted, notwithstanding that said structure or use does not conform to the provisions of this title. If the structure or use does not comply with the provisions of this title, it may be used in accordance with the plans and application as a nonconforming structure provided for in article B of this chapter.
(Ord. 1024-22, 9-12-2022; Ord. 898-08, 9-8-2008)
§ 8-1A-5 INTERPRETATION.
A.
Language:
1.
Terminology: When used in this title, all words used in the present tense shall include the future; words used in the singular number shall include the plural number; and the plural the singular, unless the natural construction of the sentence indicates otherwise. The word "shall" is mandatory, and the word "may" is permissive. The masculine shall include the feminine.
2.
General References: "Idaho Code" means the state statutes of the state of Idaho; "this code" means Garden City code; "city" means the city of Garden City; "council" means the Garden City city council; "commission" means the city planning and zoning commission; and "planning official" means the staff person given responsibility for administering this title.
3.
Number Of Days: Whenever a number of days is specified in this title, or in any permit, condition of approval, or notice issued or given as provided in this title, the number of days shall be construed as calendar days, except that such time limits shall extend to the following working day when the last of the specified number of days falls on a weekend or Garden City city holiday.
4.
Minimum Requirements:
a.
Whenever the provisions adopted herein pursuant to the local land use planning act, Idaho Code section 67-6501 et seq., impose higher standards than are required by any other Idaho statute or other local ordinance, the provisions of this title shall govern.
b.
When interpreting and applying the provisions of this title, all regulations shall be considered to be minimum requirements, unless stated otherwise.
c.
Compliance with the minimum standards does not automatically ensure acceptance of an application by the city. Additional requirements may be added by the decision maker before acceptance in order to implement the purpose of this code, the objectives of the comprehensive plan, or provide for the public health, safety, and general welfare.
5.
Defined Terms: Terms defined in chapter 8-7, article A, "Definitions", of this title shall have their defined meanings when used elsewhere in this title, unless a different meaning is clearly required by the content. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. The most current version of the "Merriam-Webster's Unabridged Dictionary Of The English Language" shall be considered as providing accepted meanings.
6.
Catchlines: Section headings or captions are for reference purposes only and shall not be used in the interpretation of this title.
7.
References To Laws And/Or Regulations: All references to local, state or federal laws and/or regulations shall refer to such laws and/or regulations as they may be amended over time.
B.
District Boundaries: Where the districts designated on the official zoning map are approximately bounded by street lines, alley lines or the subdividing or boundary lines of recorded plats, such lines shall be considered to be the district boundaries. Where, due to the scale or illegibility of the zoning map, or due to the absence of a street, alley or recorded subdividing or plat lines, there is uncertainty, contradiction or conflict as to the intended location of any district boundary, the commission shall have the power and duty of interpreting the intent of the official zoning map to determine and designate the proper location for such district boundary consistent with the intent of this title.
C.
Conflicting Provisions:
1.
In case of conflict between the text and the maps of this title, the zoning maps shall prevail.
2.
If conflicts occur between different provisions of this title, or between this title and other regulations of this code, the most restrictive regulation shall apply.
3.
It is not intended that this title interfere with, abrogate, or annul any easements, covenants, or other agreements between parties; however, where this title imposes a greater restriction upon the use of structures or premises, or upon the height, location or size of structures, or requires larger space than is imposed or required by such easements, covenants, or agreements, the regulations of this title shall govern.
4.
Each SAP district includes its own nontransferable set of regulations as identified in chapter 8-8 of this title, Adopted Specific Area Plan Project Ordinances. If regulations are not specified within the governing specific area plan project ordinance, the other chapters of this title shall be applied.
D.
Documents By Reference: Documents incorporated by reference into this title are on file at Garden City city hall. These documents are as follows:
1.
The flood insurance rate maps (FIRMs);
2.
Comprehensive plan adopted July 24, 2006, and as amended over time;
3.
"Garden City Design And Construction Guide", as amended;
4.
"Public Works Environmental Protection Policies";
5.
The "Garden City Street Light Manual";
6.
Adopted street sections or TLIP;
7.
Master street plan;
8.
Master pathway plan;
9.
Capital improvements plan;
10.
Riverfront urban renewal project;
11.
Garden City public works master plan.
(Ord. 1043-24, 6-10-2024; amd. Ord. 944-12, 5-14-2012; Ord. 898-08, 9-8-2008)
§ 8-1B-1 NONCONFORMING PROPERTIES.
A.
Except as allowed in subsection C of this section, any property that does not meet the minimum lot size requirements for the district in which the property is located shall be considered a nonconforming property and no entitlement under the provisions of this title shall be granted.
B.
Except as allowed in subsection C of this section, unplatted parcels held in multiple ownerships shall be considered nonconforming property, and no entitlement under the provisions of this title shall be granted until a subdivision has been approved and recorded.
C.
Unplatted contiguous parcels of land held in one ownership, or a lot or tract of land as recorded on any plat of record created prior to August 9, 1988, which do not meet the minimum lot size required by this title shall be considered a conforming property.
D.
Nonconforming property shall not be diminished in size.
(Ord. 967-14, 6-9-2014; amd. Ord. 944-12, 5-14-2012; Ord. 898-08, 9-8-2008)
§ 8-1B-2 NONCONFORMING STRUCTURES.
A.
Nonconforming structures may continue to be occupied, enlarged, repaired or modified as follows:
1.
Any additions or modifications to the structure shall conform to the requirements of this title;
2.
If this title is changed, incomplete active applications or approved future phases of a project may be allowed to be completed under the provisions of the code which it was approved;
3.
Ordinary repair work may be done including repair or replacement of nonbearing walls, fixtures, wiring or plumbing so long as such repair work does not increase the degree of nonconformity;
4.
Any structural alteration that would reduce the degree of nonconformity or change the use to a conforming use is permitted, subject to all other applicable requirements of this title; and
5.
Any structure or portion of the structure declared unsafe by the building official may be strengthened or restored to safe conditions.
B.
Nonconforming setbacks may be extended vertically or horizontally, subject to an approved design review application and the following criteria:
C.
If a nonconforming structure is destroyed or receives substantial damage as defined by this title the structure shall comply with this title upon restoration or reconstruction. If the damage is less than substantial damage as defined by this title, the structure may be restored or reconstructed to the nonconforming condition; provided, that restoration or reconstruction commences within twelve (12) months of the event.
(Ord. 1016-20, 6-8-2020; amd. Ord. 975-15, 4-27-2015; Ord. 898-08, 9-8-2008)
§ 8-1B-3 NONCONFORMING USES.
A.
A nonconforming use may continue as long as the use remains lawful and is not abandoned, expanded, or extended, subject to the following provisions:
1.
Nonconforming uses, structures, or portions thereof that have been declared dangerous and not abated or are a chronic public nuisance as defined by Garden City code shall lose their nonconforming status for failure to act.
2.
No existing use or structure containing a nonconforming use may be expanded in intensity or degree of use, enlarged, extended, constructed, reconstructed, moved, or structurally altered except: (a) through the approval of a conditional use permit in accord with the procedures set forth in chapter 8-6, article B, "Specific Provisions", of this title; or (b) where the use of the structure is changed to a conforming use.
3.
A nonconforming use may be extended to occupy additional land area only through the approval of a conditional use permit in accordance with the procedures set forth in chapter 8-6, article B, "Specific Provisions", of this title.
4.
The nonconforming use shall be deemed to be abandoned and shall not be reestablished if the use of the property is changed. Conducting activity of another use on the property, commencing utility service for another use, or approval of an application to change the use of a property shall be considered change of use.
B.
A nonconforming use may be changed only to a conforming use.
C.
If a nonconforming use has ceased for twelve (12) consecutive months and not declared the intent to continue the nonuse of the use or improvements designed for the use, as defined by Idaho Code section 67-6538 and approved Garden City procedures, or has been replaced with a conforming use, the nonconforming use shall be deemed abandoned and shall not be reestablished. If a nonconforming use has ceased for ten (10) consecutive years the nonconforming use shall be deemed abandoned and shall not be reestablished regardless of declaration to continue the nonuse of the use or improvements designed for the use.
(Ord. 975-15, 4-27-2015; amd. Ord. 944-12, 5-14-2012; Ord. 898-08, 9-8-2008)
§ 8-1C-1 PURPOSE.
The provisions of this article set forth minimum level of property maintenance standards to advance the goal of the comprehensive plan to "improve the image of the city" and the following purposes:
A.
To promote the life, health, safety, aesthetic, economic, and general welfare of the citizens of Garden City.
B.
To protect individuals from health and safety hazards and the impairments of property values that result from the neglect and deterioration of property.
C.
To protect neighborhoods against nuisances, blight, and deterioration.
D.
To protect the livability and economic stability of the entire city.
(amd. Ord. 944-12, 5-14-2012; Ord. 898-08, 9-8-2008)
§ 8-1C-2 APPLICABILITY.
A.
This article shall apply to all existing residential and nonresidential buildings, structures, and lands without regard to the use, date of construction, improvement, or alteration.
B.
Buildings, structures, or portions thereof determined to be unsafe shall be abated in accordance with the provisions of the building code for the abatement of dangerous buildings.
(amd. Ord. 944-12, 5-14-2012; Ord. 898-08, 9-8-2008)
§ 8-1C-3 PROPERTY MAINTENANCE.
A.
All land visible from the public right-of-way, including exterior premises and vacant land, whether improved or unimproved, and exterior areas under any roof not enclosed by the walls, doors, or windows of any building, shall be maintained free from the following:
1.
Any accumulation of garbage, debris, rubble, hazardous waste, litter, rubbish, refuse, or waste material, including, but not limited to:
a.
Graffiti on walls, buildings, structures, fences, and mailboxes;
b.
Bottles, cans, paper, plastic, rags, broken glass, organic or inorganic material;
c.
Tires, auto parts, lumber, covering (carpet, pads, vinyl), scrap iron, tin, similar materials or other metal not neatly stacked; or
d.
Anything that becomes a hazard to the public health and safety or harbors insect, rodent, or vermin infestation.
2.
The exterior visible use or display of tarps, plastic sheeting, or other similar materials as flexible or inflexible screening, used as fencing, or wall covering which is not part of a manufactured screen or fence assembly.
3.
Heavy equipment, including but not limited to: forklifts, backhoes, tractors, or similar types of construction or commercial equipment other than equipment used for residential gardening or property maintenance purposes, active construction sites, or where permitted.
4.
Vehicles: Vehicles that are inoperable, which includes motor vehicles without current registration, for more than three (3) months shall be enclosed in a structure or located in the rear or side yard and screened from view.
5.
Unless permitted by the zoning district or through a conditional use, any abandoned, unattended, discarded, broken or inoperable commercial or industrial equipment, appliances, machinery, freezers, refrigerators or other household items, equipment, furnishings, or any container, appliance or equipment.
6.
Any object, tree, or bush on private property that interferes with, obstructs, partially obstructs, or renders dangerous the free passage, use, or vision in the customary manner of any sidewalk, street, alley, highway, or traffic light or sign in the city.
7.
Any landscaping on site or adjacent right-of-way to edge of pavement that is visible from public property which is substantially dead, damaged, or characterized by uncontrolled growth, or presents a deteriorated appearance; uncultivated plants, weeds, tall grass, tumbleweeds, uncultivated shrubs or growth (whether growing or otherwise) higher than six inches (6"); or any dead trees and branches, bushes, shrubs, or portions thereof; or trees that harbor insect or rodent infestations, or may become a fire hazard, or result in a condition which threatens the health and safety of adjacent property owners or occupants.
8.
Furniture intended for indoor use being utilized outdoors, discarded or broken furniture; bicycles, bicycle parts, and toys; mattresses, bedding or any similar item or packing materials.
9.
Any unguarded and unprotected, or abandoned excavation, pit, well, cellar, hole, trench or other excavation of more than two feet (2') in depth on any unenclosed lot that may constitute a threat or public hazard.
B.
Maintenance Of Fences And Walls: All fences, screen walls, and retaining walls visible from the public right-of-way shall be maintained as follows:
1.
Structurally sound, safe and uniform in color, structure and design; and
2.
Do not constitute a hazard, blight, or condition of disrepair. Examples of hazards, blight, or conditions of disrepair include, but are not limited to: leaning fences, fences that are missing slats or blocks, graffiti, peeling paint, deterioration of surface finish, rotting, or damaged components.
C.
Accumulation Of Stagnant Water: All premises shall be maintained so as to prevent the accumulation of stagnant water which otherwise may cause a hazardous or unhealthy condition; become a breeding area for insects; or allow soil erosion or damage to foundation walls visible from the public right-of-way.
D.
Refuse Collection: All properties shall comply with the requirements for municipal refuse collection as set forth in title 4 of this code.
E.
Swimming Pools, Spas, Hot Tubs And Fountains: All swimming pools, spas, hot tubs, and fountains shall be properly maintained as follows:
1.
Do not create a health or safety hazard, harbor insect infestation, or a visibly deteriorated appearance;
2.
Water shall not be allowed to stagnate; and
3.
Fencing or other barriers required for swimming pool and spa enclosures shall be properly maintained as specified in title 7, "Building Regulations", of this code at the time of pool construction.
F.
Vacant And Unsecured Buildings: Vacant and unsecured buildings, structures, and premises shall be actively maintained and monitored through the following provisions:
1.
Maintenance of landscaping and plant materials in good condition, free of weeds, litter and rubbish;
2.
Maintenance of the exterior of the building, including, but not limited to, paint and finishes;
3.
Regular removal of all exterior trash, debris, and graffiti;
4.
Maintenance of the building in continuing compliance with all applicable codes and regulations; and
5.
Prevention of reoccurring criminal activity on the premises.
G.
Fences And Walls; Obstruction Of Vision: Fences and walls shall not obstruct the clear vision triangle or access to required parking, public utility boxes, meters or other infrastructure.
H.
Fire Hazard: Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such materials. Such hazards shall be kept removed from adjacent activities to a distance, which is compatible with the potential danger involved as specified in the International Fire Code.
I.
Radioactivity Or Electrical Disturbance: No activity shall emit harmful radioactivity at any point, or electrical disturbance adversely affecting the operation of any equipment at any point, other than that of the creator of such disturbance.
J.
Noise And Vibration: No noise or vibration shall be permitted which is ongoing and disturbing to normal conversation and/or disturbing sleep on adjoining properties.
K.
Air Pollution: Air pollution shall be subject to the requirements and regulations established by the air pollution agency.
L.
Erosion: No erosion shall be permitted which will carry objectionable substances onto neighboring properties.
M.
Water Pollution: Water pollution shall be subject to the requirements and regulations established by the health authority and other agencies with jurisdiction.
N.
Outdoor Display Of Merchandise: The outdoor display of merchandise shall be allowed in compliance with the following standards:
1.
Merchandise for sale shall be displayed outdoors only during hours the business is open, except for merchandise associated with the following uses: building material, garden and equipment; equipment rental, sales and service; nursery; vehicle sales and rental.
2.
The sale of the merchandise displayed outside shall be associated with a specific business located on the site.
3.
The outdoor display shall not be located on the public right-of-way, including sidewalks; in the parking lot or in a landscaped area.
O.
Outdoor Lighting: Outdoor lighting shall be in compliance with the following standards:
1.
All fixtures shall be located or shaded as to prevent direct glare into a street and to minimize impact on abutting properties.
2.
Floodlight fixtures shall be set to only go on when triggered by activity on the property (sensor activated) and must turn off within ten (10) minutes of turning on.
3.
Floodlight fixtures shall be installed so that they do not tilt up more than forty-five (45) degrees down from vertical.
4.
Uplighting shall only be allowed in cases where the fixture and any light it emits are shielded from the sky by a roof overhang or similar structural shield.
5.
Laser source light or any similar high intensity light when projected above the horizontal is prohibited.
6.
Strobe lights are prohibited, except for emergency uses.
7.
Searchlights are prohibited, except where approved for public or temporary uses.
P.
Outdoor Service And Equipment Areas: Outdoor service and equipment areas shall be maintained in compliance with the following standards:
1.
All on-site service areas for waste, recycling, or trash and equipment areas for transformer and utility vaults shall be located in an area not visible from a public street or adjoining property, or shall be screened from view from a public street and adjoining property with a privacy fence.
Q.
Outdoor Storage: Where allowed the outdoor storage of vehicles, equipment, materials, or merchandise shall be in compliance with the following standards:
1.
No outdoor storage items shall block sidewalks, driveways to the site, or impede vehicular and pedestrian traffic and parking.
2.
For nonresidential uses, outdoor storage areas shall be screened from the view of adjacent property by a solid masonry wall or privacy fence or approved landscape buffer. The height of the wall or fence shall be the maximum of eight feet (8').
3.
For residential uses, outside storage of materials shall be screened with a six-foot (6') privacy fence.
4.
No junk materials, goods, merchandise, or wares shall be stored outside in any residential zoning district or visible from an arterial street.
5.
Outdoor storage areas shall not exceed fifty percent (50%) of the total area of the site except where landscaping is provided in addition to the required setbacks as follows:
a.
The additional landscaping shall be equal to at least ten percent (10%) of the area of storage that is over the fifty percent (50%) of total site area; and
b.
The additional landscaping shall be located on the outside of the required solid masonry wall or privacy fence.
c.
Notwithstanding the provisions of this subsection, outdoor storage shall be allowed without landscaping in conjunction with the following land uses: agriculture; building material, garden and equipment; equipment rental, sales and services; nursery; vehicle sales and services.
6.
Building materials to be used in the construction of any building may be temporarily stored on the premises where the structure is to be built or renovated for not to exceed sixty (60) days in advance of the commencement date of construction or sixty (60) days after the termination date of construction.
7.
Outside storage for commercial or industrial uses shall be limited to those items owned or used by the business.
8.
Outside storage for a residential development or recreational vehicle park shall be limited to recreational vehicles or personal recreation items of the owners and/or tenants.
R.
Accessory Structures: In all districts, no garage, tent, trailer, fifth wheel, motor coach, recreational vehicle, travel trailer or other accessory structure shall be erected or used for living quarters or sleeping quarters outside of an approved recreational vehicle park for more than fourteen (14) consecutive days.
1.
The quarters may not be utilized more than two (2) times per calendar year from January 1 through December 31 for living or sleeping quarters outside of an approved recreational vehicle park.
2.
No recreational vehicle shall be allowed to connect to Garden City utilities outside of an approved recreational vehicle park.
S.
The owner(s) of land abutting any public street in the city shall be responsible for maintaining the sidewalk in good repair and free from hazards such as debris, weeds, cracks, or ice.
T.
Outdoor Parking And Loading:
1.
Loading zones shall not impede bicycle lanes, multiuse paths, sidewalks, or vehicular travel on public roads.
2.
Nonresidential on-street parking is not permitted on a routine basis unless in conjunction with permit parking.
3.
Parking of one (1) commercial motor vehicle per property may be allowed at a residential dwelling, provided it is operated by the occupant and used to commute from home to work at an off-site location or used as part of an approved home occupation.
4.
One (1) boat and one (1) recreational vehicle less than thirty feet (30') in length may be stored on an approved pad in the side or rear yard at a residential dwelling.
5.
Motor vehicles that are inoperable or vehicles without current registration shall not be parked on a public street.
6.
Loading zones outside of an enclosed space within fifty feet (50') of a residential use shall not operate between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M.
(Ord. 1034-22, 6-12-2023; Ord. 975-15, 4-27-2015; Ord. 944-12, 5-14-2012; amd. Ord. 905-09, 3-23-2009; Ord. 898-08, 9-8-2008)